THE WAIN CASE.

Timaru Herald, Volume XXXIX, Issue 2743, 14 July 1883, Page 3

THE WAIN CASE.

(Bx Tblbgrafh.) Dunedin, July 13. The Wain enso was concluded to-day. During his summing up of tho case, Hi« Honor Jud;e Williams told the jury that what they had to find was whether there had been criminal negligence on the part of the prisoner*, and that what constituted criminal negligence was a question for them to decide. Any intention to kill or accelerate death was net m question, for such an intention would the case one of murder and not of manslaughter. He warned the jury not to allow anything they had hoard or read oulside to influence their decision, and especially cautioned them against permitting the very natural and proper indignation which they felt whenever they heard of a child baring been ill-treated to influence them. They were to decide oh the evidence, and should bear m mind that that feeling of indignation, however proper m its place, would not assist them m coming to a right deoiaion. The jury brought m a verdict of " guilty," but recommended the prisoners to tho mercy of the Court. At the time they roturned after their retirement, which extended over about an hour and twenty minutes, the Courthouse was crowded. Neither of the prisoners appeared to bo nffeoted by the result, the calm demeanor which they haro borne throughout tho trial remaining unchanged. They were remanded for sentence until Monday. Tho recommendation for meroy was basei on the ground that probably the priioners did not fully realise the probable result of their conduct. His Honor Judge Williams, m reply to a remark by counsel for the defence, took occasion to say, "I think that the evidence excludos all reasonable donbt that the death of the deceased was caused by anything else than tho conduct of the prisoners. That is the view I form from tho evidence. It may be that one is not justified m forming it, but that is the view I have taken, and I can lay bo now that tho jury have given their Terdict." "With regard to legal points raised, His Honor said that his present feeling was that it should not be reserved, but he would decide on Monday.